The fatbike has taken off in recent years. Originally designed for sand and snow, these sturdy bikes with their thick tyres are now a fixture on Dutch streets. But their popularity, their speed and sometimes their questionable technical condition mean that both the number of accidents and the complexity of the liability questions are increasing.
Have you been involved in a fatbike accident, as a rider or as a victim? Then it matters how the law assesses your position and who is responsible for compensating your injury. This article sets out how a fatbike is classified in law, the difference between a vulnerable and a non-vulnerable road user, and the steps to take to secure your letselschade fatbike succesvol te claimen.
Classification: is a fatbike a bicycle or a moped?
Liability in fatbike accidents turns on the juridische classificatie of the vehicle. Does the fatbike fall under the protection given to vulnerable road users, or is it treated as a motor vehicle?
1. The fatbike as a vulnerable road user (standard e-bike)
A fatbike counts in law as an ordinary bicycle, provided it meets the requirements of the Road Traffic Act:
- Assistance cuts out at a maximum speed of 25 km/u.
- The electric motor output is no more than 250 Watt.
- You must keep pedalling in order to move.
If you meet these requirements you are a zwakke verkeersdeelnemer. If you are hit by a motor vehicle you have the strong protection of Article 185 of the Road Traffic Act, which produces the favourable 50%- en 100%-regels.
2. The fatbike as a non-vulnerable road user (tuned or faster)
Many fatbikes are tuned or go faster than 25 km/h. In law these are speed pedelecs of zelfs bromfietsen. On these faster models you are a sterke verkeersdeelnemer, with all the obligations that go with it (third-party insurance, helmet, driving licence).
In an accident with a motor vehicle the protective rules of Article 185 of the Road Traffic Act do not apply. Liability is then determined by the ordinary traffic rules, which makes claiming letselschade fatbike aanzienlijk complexer maakt.
Liability scenarios in fatbike accidents
Who is liable depends heavily on who was involved and on how the fatbike is classified:
Casus 1: Fatbike (Zwak) versus Motorvoertuig (Sterk)
The fatbike rider has the strong protection. The car driver is almost always liable under Article 185 of the Road Traffic Act. Even where the rider made traffic errors of their own, they are entitled to at least 50% of the compensation.
Casus 2: Fatbike (Sterk/Opgevoerd) versus Motorvoertuig
The fatbike rider is treated as a non-vulnerable road user. Liability rests with whoever made the traffic error, which makes the burden of proof heavier. Our personal injury lawyers help build the claim after a road accident so that your position is as strong as it can be.
Casus 3: Fatbike versus Voetganger of Gewone Fietser
Because the pedestrian or ordinary cyclist is the most vulnerable party, the fatbike rider will often be held liable, particularly where the fatbike is classified in law as a motor vehicle.
What to do: steps after a fatbike accident
To secure your rights and bring a well-founded claim for your letselschade fatbike, is nauwkeurige documentatie essentieel:
1. Veiligheid en Medische Zorg
Get medical help straight away. Have your injury officieel vastleggen by a doctor or at hospital. The medical record is the evidence of the causal link.
2. Documenting the accident
- Gegevens: Note the full name, address and insurance details of the other party.
- Bewijs: Take as many photographs as you can of the position of the vehicles and the damage.
- Getuigen: Collect witnesses’ contact details and statements.
3. Schakel Specialistische Juridische Hulp in
Because the legal classification of a fatbike can be so complex, we recommend instructing a personal injury lawyer straight away.
Claiming: which costs can you recover?
Whether you were riding a fatbike or were hit by one, if you have been injured you are entitled to compensation for all your loss, both financial and non-material.
- Medische Kosten: Your policy excess, and the cost of uninsured treatment or medication.
- Loss of earning capacity: If the injury means you cannot work, or can work less, we claim your full loss of income. Read more on our page about loss of earning capacity.
- Smartengeld: Compensation for psychological complaints, pain, anxiety and loss of quality of life.
- Overige Kosten: Travel costs to hospital, and adaptations to your home or bike.
For a full picture of the heads of loss we can claim for you, see our main page on letselschade.
Legal assistance from Arslan Advocaten
The rise of the fatbike has created a new and complex category in personal injury law. The personal injury lawyers at Arslan Advocaten specialise in establishing liability correctly in accidents where the legal status of the vehicle is unclear, as it is with fatbikes.
The cost of our services:
Our assistance is kosteloos for clients in most cases, because once liability is established the reasonable costs are recovered from the liable party under Article 6:96 of the Dutch Civil Code. Where liability is disputed or not established, that does not apply, and we will tell you so at the outset.
